8B(Rev.) Provisional Record. Fifth item on the agenda: Violence and harassment against women and men in the world of work

Transcription

1 International Labour Conference Provisional Record 107th Session, Geneva, May June B(Rev.) Date: Friday, 6 July 2018 Fifth item on the agenda: Violence and harassment against women and men in the world of work Reports of the Standard-Setting Committee on Violence and Harassment in the World of Work: Summary of proceedings 1 Contents Introduction... 2 Opening statements... 3 General discussion guided by the sections of the proposed Conclusions contained in Report V(2) Consideration of amendments to the proposed Conclusions Resolution Concluding statements Page 1 The resolution and proposed Conclusions submitted by the Committee for adoption by the Conference are published in Provisional Record No. 8A. ILC107-PR8B(Rev.)-RELME En.docx

2 1. The Standard-Setting Committee: Violence and Harassment in the World of Work (first discussion), established by the International Labour Conference (Conference) at its first sitting on 28 May 2018, was initially composed of 515 members (146 Government members, 185 Employer members and 184 Worker members). To achieve equality of strength, each Government member entitled to vote was allotted 80 votes, each Employer member 28 votes and each Worker member 77 votes. The composition of the Committee was modified eight times during the session and the number of votes attributed to each member adjusted accordingly. 2. The Committee elected its Officers as follows: Chairperson: Vice-Chairpersons: Reporter: Mr R. Patry (Government member, Canada) at its first sitting Ms A. Matheson (Employer member, Australia) and Ms M. Clarke Walker (Worker member, Canada) at its first sitting Ms S. Casado García (Government member, Mexico) at its eighth sitting 3. At its seventh sitting, the Committee appointed a Drafting Committee 2 composed of the following members: Government member: Employer member: Worker member: Spanish-speaking observers: Mr M. Denis (France), assisted by Ms J. Barrett (United States) Ms A. Vauchez (France), assisted by Mr R. Chacko (International Organisation of Employers) Ms R. Mackintosh (New Zealand), assisted by Ms C. King (International Trade Union Confederation) Mr J.I. Martín Fernández (Spain) Ms G. Herzog (Employer, United States) Ms R. Gómez Merayo (Worker, Spain) 4. The Committee had before it Report V(1) entitled Ending violence and harassment against women and men in the world of work, and Report V(2) Ending violence and harassment in the world of work, prepared by the International Labour Office (Office) for the fifth item on 2 Pursuant to article 59(1) and article 6 of the Standing Orders of the International Labour Conference, a Committee Drafting Committee is tasked to ensure legal consistency of the texts of proposed Conventions and Recommendations and the concordance between the English and French versions, which become the authentic texts of Conventions and Recommendations. It also verifies that the proposed texts reflect the decisions of the Committee and makes changes of an editorial nature to align the texts with ILO terminology and reference style. In addition, the Committee Drafting Committee undertakes any other task referred to it. ILC107-PR8B(Rev.)-RELME En.docx 1

3 the agenda: Violence and harassment against women and men in the world of work (standard-setting, double discussion). 5. The Committee held 17 sittings. Introduction 6. The representative of the Secretary-General (Ms D. Greenfield, Deputy Director-General for Policy) welcomed the members of the Committee and introduced the secretariat. She reported that a Government representative of Canada had been nominated as Chairperson by the Government group and asked the Committee if it wished to elect him. 7. The Government member of the Bolivarian Republic of Venezuela expressed a lack of support for the candidature of the Chairperson, and noted, as such, that a consensus within the group of the Americas (GRUA) had not been reached. She also stated that her Government would not support any candidature from the Government of Mexico. She explained that this objection was based on the principle of reciprocity, given that the Governments of Canada and Mexico belonged to the so-called Lima Group, which, in August 2017, had stated it would not support Venezuelan candidatures in regional and international mechanisms and organizations. 8. The representative of the Secretary-General affirmed that the secretariat took note of the statement of the Government member of the Bolivarian Republic of Venezuela and that this would be duly reflected in the Committee report. 9. The appointment of the Chairperson was then confirmed by the Committee. 10. Upon his election, the Chairperson observed that the Committee had high expectations regarding the outcome of its work and that the world was watching. The discussion on violence and harassment in the world of work was necessary and long overdue. Workplaces relied on national and international standards to make them safe and productive, and the tripartite partners had the opportunity to make a real, tangible and lasting impact on people s lives around the world. Following the work of the Committee, it was hoped there would be a set of proposed Conclusions to provide guidance on the preparation of a proposed instrument or instruments, in view of a second round of discussions at the 108th Session of the Conference in To that end, the Chairperson stressed the importance of both dialogue and compromise during discussions of the Committee. 11. The representative of the Secretary-General provided an overview of the Committee s work and described the historical context in which it had originated, including the adoption of the resolution concerning gender equality at the heart of decent work at the 98th Session of the Conference in As the discussion had developed, the Governing Body had seen the need for a broader approach to the subject and, at its 325th Session (October November 2015), it placed a standard-setting item on Violence against women and men in the world of work on the agenda of the current session of the Conference. That was followed by a Tripartite Meeting of Experts on Violence against Women and Men in the World of Work in The Meeting of Experts had suggested adding harassment to the title of the related Conference agenda item, a change which was subsequently decided by the Governing Body at its 328th Session (October November 2016). 12. The representative of the Secretary-General noted that international standards had not yet defined the term violence and harassment at work and did not provide guidance to the world of work actors on how to prevent and respond to it. As such, she emphasized that the world was looking to the International Labour Organization (ILO) for clear guidance on the 2 ILC107-PR8B(Rev.)-RELME En.docx

4 topic and that there were high expectations among, and beyond, the ILO s constituent groups. The high response rate to the questionnaire circulated by the Office in May 2017 reflected a wide agreement among the tripartite partners. 13. The Committee had several challenges before it, including negotiating an instrument or instruments that would be applicable to diverse socio-economic and cultural realities and regulatory frameworks, and that would be relevant to tomorrow s world of work. Key questions before the Committee included the definition of violence and harassment, and the scope and form of the possible instrument or instruments. In spite of the challenges, the representative of the Secretary-General observed a genuine desire and a commitment to improve the proposed Conclusions, in order to develop a new standard or standards that would be clear, useful and implementable. She concluded by stating that the ILO Director- General had called upon all members of the ILO community not only from the Office but also members of the Governing Body, experts, Conference delegates and meeting participants to be aware of, and prevent, sexual harassment. In that way, the Conference would set an exemplary standard for others. Opening statements The Employer Vice-Chairperson stated that the goal of ending violence and harassment at work should unite governments, workers and employers, and that they had an important opportunity to work together towards a common goal. Employers did not want to see violence and harassment in the workplace, and were supportive of efforts and effective measures to tackle the issue. Everyone should have responsibilities to prevent violence and harassment in the workplace as well as a right to work free from violence and harassment to the maximum extent possible. 15. Committee members were encouraged to focus on the most effective approach to address violence and harassment in the workplace, particularly related to effective guidance to member States. It was not the form of the instrument, but rather the effectiveness of the instrument and its wide acceptance that would make a difference. Pragmatism, practical implementation and flexibility of the instrument would be essential to ensure that it could be applied to diverse national contexts. 16. The Employer Vice-Chairperson noted that the Employers group had some key concerns regarding the proposed Conclusions, although she expressed the hope that the Committee could address those concerns through constructive discussion. One such concern was how to define violence and harassment. Conflating the concepts within a single definition posed significant challenges, not only because of subjective understandings and cultural interpretations, but also because different legal responses to violence and harassment were needed. The scope of the discussion also needed to be clearer and the nexus to the workplace better established. She suggested that efforts should target the workplace, where the responsibilities of employers and workers could be relatively clear. The definitions of employer and worker also required further consideration. The Employers group could not accept that someone could be labelled as an employer where no employment relationship existed. Furthermore, the understanding of a worker should be appropriate to national law and practice. As such, defining employers and workers presented a challenge; an overly prescriptive approach would expand responsibilities beyond what was reasonable and 3 Unless otherwise specified, all statements made by Government members on behalf of regional groups or intergovernmental organizations are reported as having been made on behalf of all Governments members of the group or organization in question who are Members of the ILO and are attending the Conference. ILC107-PR8B(Rev.)-RELME En.docx 3

5 practicable, yet at the same time could exclude those who should have responsibilities and be protected. 17. Employers accepted they had an important role in addressing violence and harassment in the workplace and that they had responsibilities to drive appropriate standards of behaviour. Moreover, responsibilities were only effective if there was accountability. Employer responsibilities should be qualified by what was reasonable and practical, and should be limited to those matters over which employers had control. The instrument should adopt an integrated approach which ensured a shared responsibility between employers, workers and governments. In addition, the Committee would need to further clarify the ambiguity with respect to accountability and responsibility for remedies. 18. The Employer Vice-Chairperson suggested that some text of the proposed Conclusions could potentially be exclusionary and that the right to protection needed to be applied equally to all groups, including employers. In this effort, it was important to emphasize mutual respect. In addition to regulation, education, cultural change and peer-to-peer relationships were important approaches to address violence and harassment in the workplace. The Employer Vice-Chairperson expressed confidence that a constructive discussion would lead to an effective text. The discussions provided an opportunity to demonstrate the importance of tripartism and of delivering outcomes that could be taken forward to the ILO s centenary Conference. 19. The Worker Vice-Chairperson noted that violence and harassment in the world of work constituted a serious human rights violation, impinged on the ability to exercise other fundamental labour rights, and that it was incompatible with decent work and was a threat to dignity, security, health and the well-being of everyone. It affected all occupations and sectors of economic activity including the public and private sectors, as well as formal and informal work settings, creating a negative impact on workers, employers, their families, their work environment, economies and society. 20. Global social media campaigns on violence and harassment against women #MeToo, #YoTambién, #BalanceTonPorc and #NiUnaMenos showed how urgent and relevant the discussion was for the world of work. Women working on film sets, in newsrooms and in parliaments had found it difficult, and it took them so long to speak up against sexual harassment. The situation could be even more challenging for women workers in domestic work, agriculture, garment factories, the hotel industry and transport particularly in maledominated workplaces. As referred to in the ILO Director-General s report to the Conference, the revelations showed how pervasive and tolerated violence and harassment was in the world of work, and was endured by a great number of women in order to obtain or keep a job, to be paid their salaries, to be promoted and when commuting to and from work. Violence and harassment must never be accepted as part of the job. Neither could the silence of victims ever be a condition of work. 21. The Worker Vice-Chairperson referred to the affirmation of the Declaration of Philadelphia (1944) that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, but noted that no ILO instrument addressed violence and harassment as its primary aim and focus, none defined such conduct, and none provided clear guidance on the steps needed to address violence and harassment. The Workers group had a long-standing call for international labour standards to address violence and harassment in the world of work. As such, they were gratified that there had been sufficient support in the questionnaire responses to direct the Office to prepare proposed Conclusions with the view to adopting a Convention supplemented by a Recommendation. 4 ILC107-PR8B(Rev.)-RELME En.docx

6 22. It was important to signal without ambiguity that violence and harassment is unacceptable and the antithesis of decent work and therefore demands serious and urgent action. That would help create a level playing field by setting minimum standards for governments, as well as employers and workers and their organizations, to end violence and harassment. The Worker Vice-Chairperson suggested that a Recommendation would supplement a Convention by providing more detail and practical guidance on how to translate principles into action. 23. The proposed Conclusions were a good starting point for the discussions. They were a fair reflection of the conclusions of the Tripartite Meeting of Experts, and of the concerns, comments and proposals raised by constituents in response to the questionnaire. The task of the Committee was to strike a balance between a Convention that was not so complex as to be seen as unratifiable and one that was not so limited in scope, such that it would be ineffective in addressing this most basic and pernicious of human rights violations. 24. While the Workers group recognized that violence and harassment affected everyone in the world of work, not everyone was affected in the same way and on the same scale. Personal characteristics, working arrangements and sectors of work could all exacerbate the risk of violence and harassment in the world of work. Women and gender non-conforming people experienced violence and harassment in disproportionate numbers, underlining the need for the gender dimensions of violence and harassment to be addressed in the new instruments. Furthermore, there was a joint responsibility of workers representatives and employers to minimize the effects of domestic violence on the persons and working environments affected. 25. An integrated approach was essential to effectively address prevent and redress violence and harassment in the world of work. Moreover, the instruments needed to be forward-looking and to be able to stand the test of time, particularly as new forms of violence and harassment could emerge. The Worker Vice-Chairperson concluded by stating that the Committee had an historic opportunity to demonstrate to the world the continued relevance of the ILO s vision and mandate, and its commitment to assuming its contemporary responsibilities. 26. The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, said that the following countries aligned themselves with the statement: the former Yugoslav Republic of Macedonia, Montenegro, Serbia, Albania, and Bosnia and Herzegovina. She noted the importance and timeliness of a discussion to adopt international labour standards focusing on violence and harassment in the world of work in the light of the Sustainable Development Goals (SDGs). Action was needed to achieve decent work, full and productive employment and gender equality, and to end all forms of discrimination and violence. Violence and harassment affected a significant number of workers globally and was fuelled by unequal power relationships, discrimination and gender inequality. A study published in 2015 revealed that in the EU, 14 per cent of workers reported having been subject to violence or harassment in the workplace, with women disproportionately affected. The economic cost of violence against women and girls could amount to between 1.2 per cent and 3.7 per cent of gross domestic product. Women were more likely than men to become victims of sexual harassment. Thus, 75 per cent of women in top management positions had experienced sexual harassment and more than 60 per cent of women working in the services sector had been subjected to it. Lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people and migrants were often disproportionately affected by violence and harassment. 27. The EU warmly welcomed and supported the development of an ILO instrument that would be effective and have an impact in and on the world of work. The world looked upon the ILO and its global tripartite constituency to provide leadership and guidance on the issue. The EU was open to considering a Convention supported by a Recommendation, but ILC107-PR8B(Rev.)-RELME En.docx 5

7 suggested that it might be preferable to discuss the definitions, scope and content of the instrument prior to its form. The provisions of the proposed instruments echoed the principles of universal human rights, dignity, freedom, equality and solidarity on which the EU was based. 28. The EU and its Member States had undertaken numerous initiatives, legal and otherwise, to address violence and harassment at work, and hoped that the experiences and lessons learned from these initiatives would enrich the debate. On the other hand, the outcome of the Committee s deliberations would be an important orientation for shaping further EU action on violence and harassment in the world of work. The standard-setting exercise should focus on key issues and provide adequate guidance and protection, while remaining flexible enough to ensure the widest possible implementation. The new instrument should promote key principles such as a gender-sensitive approach, a focus on prevention and protective measures, and measures to improve enforcement, including the protection of victims from intimidation and re-victimization, as well as appropriate support and assistance for them. Responsibilities of both governments and employers should be addressed and an indication given on how employers and workers organizations might contribute to combating violence and harassment in the world of work. 29. The Government member of the United Kingdom indicated that his country aligned itself with the EU statement and pointed to the timeliness of discussing the pursuit of a new standard on ending violence and harassment in the world of work. The United Kingdom had strong laws to protect against violence and harassment in the world of work, and wished to see the same level of protection extended around the world. The United Kingdom supported the establishment of an appropriate Convention supplemented by a Recommendation and would be working hard to negotiate an instrument consistent with UK criminal and civil protections. Any new instrument needed to be reasonable and justifiable, to allow for practical implementation and to maximize support and buy-in across the ILO s constituents. The United Kingdom would support references to forced labour and child labour, the disproportionate impact on women and girls, and the responsibility of employers to eradicate violence and harassment throughout supply chains. For the United Kingdom, violence and harassment were a significant barrier to women s economic engagement and to gender equality worldwide, besides being an endemic human rights abuse. With a strong emphasis on prevention, the United Kingdom was proud to be a global leader in efforts to eradicate violence against women and girls in all its forms, including through efforts to eradicate modern slavery. 30. The Government member of Uganda, speaking on behalf of the Africa group, stated that despite existing international instruments, violence in the world of work remained a global challenge, which made a strong case for international labour standards on ending violence and harassment in the world of work. The Africa group welcomed the proposed Conclusions and agreed that the international labour standards should take the form of a Convention, supplemented by a Recommendation. Having a Convention would leave no doubt about the international community s commitment to influence domestic legislation, and allowed for scrutiny by the Committee on the Application of Standards. 31. Due to cultural differences, there would be a need for accommodation, understanding and tolerance regarding the meaning and scope of the word gender, particularly regarding the issue of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. The Africa group proposed that if a common definition could not be found, a consensus definition should be reached that would provide sufficient flexibility for States to cover local contexts without necessarily imposing particular views on other parties. 32. The Government member of Turkey underlined that every type of violence and harassment in the work life was a human rights violation that should be prevented and eliminated. That 6 ILC107-PR8B(Rev.)-RELME En.docx

8 was vital for individuals, as well as for constituting a decent and peaceful work environment in countries. While a number of international labour standards existed, which Turkey had also ratified, that provided protection against some forms of workplace violence and harassment, they did not address violence and harassment primarily and explicitly. The initiative of the Conference to adopt an instrument was therefore welcome. 33. The Government member of Mexico observed that while both women and men were subject to harassment in the workplace, women were experiencing a higher vulnerability due to unfavourable labour market conditions. She emphasized that international legal instruments should seek a general empowerment of women in the workplace, including with regard to sustainable development. The Government of Mexico supported a Convention, supplemented by a Recommendation. Mexico had already adopted relevant regulations as well as provisions to combat discrimination against vulnerable groups. The Conference offered an opportunity to outline international instruments that would help women to fully exercise their rights and participate in political, cultural and economic life. 34. The Government member of the United States recalled that, in the recent past, real-life examples of violence and harassment in the world of work had sometimes dominated the media, thus bringing increased attention to the issue. The Committee discussions offered an opportunity to help provide answers to the question of prevention. The best way to tackle the issues would be through clear, practical and concrete guidance which would be firmly focused on areas within the ILO s mandate, while avoiding duplication with existing ILO standards. The United States delegation subscribed to the view that the provisions of any instrument needed to be adaptable to, and consistent with, national circumstances, specificities and priorities. Issues surrounding the definitions and scope set out in the proposed text would likely be among the most interesting and complex questions to be considered. The proposed definitions and scope would benefit from clarification, and the United States looked forward to sharing some ideas and proposals. 35. The Government member of Colombia clarified that in her country there was not only a constitutional right to work, but also a constitutional protection of dignified and fair working conditions, including a clear notion for the workers of their tasks and functions. Violence in the workplace went beyond physical harm and could also be related to the organization of work, which could have a negative impact on the well-being of the worker and determined effects on health and safety, as well as on the family and social environment. National legislation in Colombia aimed to address the prevention of harassment in the workplace and provided for remedies and sanctions. Colombia was fully committed to having a Convention to prevent workplace harassment. 36. The Government member of Spain aligned the position of his Government with that of the EU. He emphasized that in Spain violence against women was considered a serious human rights violation. Combating this phenomenon was a priority on the public agenda; this fight was shared by all political parties, the social partners and civil society, and required unity. In 2017, the State Pact against Gender-Based Violence (Pacto de Estado contra la Violencia de Género) was adopted unanimously. The Pact was approved by the national Government, the autonomous Spanish regions and the State Observatory on Violence against Women, a true manifest of triple consensus political, regional and social and one of the most important agreements in the history of democratic Spain. The measures mentioned in the Pact under institutional responses included seeking an international agreement against gender-based violence in the workplace. With a view to giving effect to this provision of the Pact and in agreement with the most representative workers and employers organizations, the Government of Spain proposed that the text to be adopted make an explicit reference to gender-based violence. ILC107-PR8B(Rev.)-RELME En.docx 7

9 37. The Government member of India supported the agenda item, and also supported a focused and short Convention supplemented by a Recommendation. She noted that there were still many terms in the proposed Conclusions that required serious deliberations. The ILO had a rich body of labour standards, many of which had not been ratified by every country, and hence too many cross-references should be avoided in the proposed instrument. Violence and harassment against men and women was a specific workplace issue that needed to be dealt with separately. India would be keen to see the scope of the instrument defined very unambiguously, as enforcement depended on clarity. 38. The Government member of Brazil highlighted that there were direct bearings of violence and harassment in the workplace on health, gender equality and prosperity, and that violence and harassment thus posed serious obstacles to the achievement of the SDGs. Brazil believed that the standard-setting should take the form of a Convention supplemented by a Recommendation. While Brazil would be flexible regarding the exact content of the instruments to be adopted, the subject merited regulation by a Convention, especially given the absence of other international frameworks dedicated to this issue. Considering that women and minorities were in general disproportionately affected, a strong gender and diversity perspective should be taken. The achievement of a concrete and meaningful result in the Committee would be a matter of fulfilling the ILO s main objective of promoting social justice. The Government saw the standard-setting exercise as an opportunity to raise awareness on the issue and encourage debate on national regulatory and policy gaps. 39. The Government member of Canada observed that power imbalances and gender norms left spaces for unacceptable behaviour, including violence and harassment in the workplace. She emphasized that Canada supported the development of a Convention supplemented by a Recommendation concerning violence and harassment in the world of work. The effects of violence and harassment in the workplace were well known; they included stress, bad health, less job satisfaction for individuals; reduced productivity, increased absenteeism and legal costs for employers; and barriers to diverse and inclusive workplaces for society more broadly, in particular for women, young workers, disabled persons, individuals who identified as LGBTI, indigenous peoples and others. Gender equality was a priority for the Canadian Government. The Committee should work towards instruments that would take an integrated and inclusive approach, considering prevention of violence and harassment, responding appropriately and supporting those affected, as well as employers. 40. The Government member of Israel commended the ILO for taking up the subject of violence and harassment in the world of work. Israel used a variety of tools to prevent and eliminate harassment and violence against workers, including general legislation and specific labour laws. Israel also had robust legislation regarding gender-based violence. For example, the Prevention of Sexual Harassment Law obliged employers to take reasonable steps to prevent harassment or else be considered personally responsible for any acts committed by their employees. In 2017, a resolution on preventing and eliminating sexual harassment in the workplace was adopted by consensus at the 61st Session of the United Nations Commission of the Status of Women. Israel firmly believed in the need for global cooperation on the matter and welcomed the process of creating an international legal standard on the topic of violence and harassment in the world of work, through the adoption of a Convention supplemented by a Recommendation. 41. The Government member of Namibia supported the statement made by the Government member of Uganda on behalf of the Africa group, favouring the adoption of a Convention supplemented by a Recommendation. All persons had the right to work in conditions of freedom, dignity, economic security and equality. The problems of violence and harassment in the world of work had been embedded in every stage of historic economic development, including slavery, master servant relations, subsistence farming, as well as modern employer and employee relations, including disguised employment, triangular employment, 8 ILC107-PR8B(Rev.)-RELME En.docx

10 dependent self-employed workers or those working online in virtual workplaces. In Namibia, the remnants of past systems of contract labour and apartheid persisted, even after 28 years of independence. While some research had been conducted on gender-based violence and a five-year National Action Plan on Gender-Based Violence had been adopted, very little research had been done on violence and harassment in the workplace or on how domestic violence affected the world of work. There was a need to define a common understanding of gender-based violence, as well as to agree on the basic principles that united everyone, particularly because some issues were highly sensitive within diverse national and cultural contexts. It was important to create a standard that would be relevant worldwide, not only in developed countries but also in countries with informal and rural economies or where labour migration was prevalent. 42. The Government member of Belgium supported the statement made by the Government member of Bulgaria on behalf of the EU and its Member States. Despite legislation to combat violence and harassment, gender-based violence remained a significant problem in Belgian society. The country s integrated approach, pursued through national action plans, focused on prevention measures, confidential counselling and informal dispute resolution mechanisms. Formal procedures were available when informal interventions were not successful. Violence, bullying and harassment were linked to safety and health at work. Research had established that domestic violence generated a high cost to the world of work and it would be important to refer to that problem in any eventual instrument. It was the responsibility of governments, employers and workers to ensure safe, healthy and decent work for all. She supported the adoption of a high-quality, ratifiable Convention supported by a Recommendation, which would send a powerful signal from the Conference. 43. The Government member of Australia welcomed the creation of an instrument on violence and harassment at work, which was not only a labour issue, but also a human rights issue inconsistent with the free functioning of civil society. The discussion was especially timely with regard to the ILO s centenary, when the Committee would complete its work. Australia supported the drafting of a Convention, subject to the text being consistent with two principles. First, the new instrument must be true to the ILO s mandate around work and employment matters. Second, the instrument must recognize the respective roles of governments, employers and unions in addressing violence and harassment in the workplace and agree on effective, practical and reasonable obligations. The standard should stand the test of time and remain relevant as the nature of work continued to change. Women were too often victims of violence and harassment at work; however, it was important that violence and harassment, rather than gender, be the main focus of the discussion. A new standard would send a strong global message that all workers, both men and women, needed to be safe from violence and harassment at work. 44. The Government member of Norway supported the statement made on behalf of the EU and its Member States. An instrument to guide member States of the ILO on how to address and prevent violence and harassment in the world of work was both timely and appropriate. She supported a Convention supplemented by a Recommendation, and emphasized that there were many ways to address violence and harassment in the world of work. A framework Convention which gave guidance and flexibility and left how to implement the appropriate practices and procedures to national discretion was preferable and would thus avoid ratification problems. 45. The Government member of Burkina Faso expressed satisfaction that an international instrument focusing on violence and harassment in the workplace was on the Conference agenda. The issue was a scourge which compromised efforts to promote and protect human rights. Recent events around the world had revealed the scale of the work that the ILO was about to undertake. The eventual instrument should provide a full and specific definition so as to engender the consensus necessary to be an effective standard. ILC107-PR8B(Rev.)-RELME En.docx 9

11 46. The Government member of China said that the proposed instrument was both relevant and timely. He had listened with interest to the views of other countries. The problem of violence and harassment in the workplace was addressed through several different measures in China. The constitutional framework afforded equal rights to all citizens. Legal protection encompassed legislation for workers and for special groups. Special rules for the protection of female employees prohibited sexual harassment. Some Chinese provinces had taken further steps and included references to new technology in their regulations. China was committed to strengthening its legislation to protect workers in the workplace. 47. The Government member of France, aligning with the statement made on behalf of the EU and its Member States, said that various studies showed the wide range of forms that violence and harassment presented in the workplace. It was contrary to the terms of the Declaration of Philadelphia, which stated all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. He outlined recent measures taken by France to eliminate violence against women and to promote sexual equality at work. The adoption by the Conference of an international labour standard on violence and harassment at work, at a time when thousands of people around the world were speaking up, would confirm the Organization s relevance and capacity to respond to the needs of society. It would also show that social dialogue and tripartism were the best means to respond to the challenges thrown up by the world of work. France supported the adoption of a Convention supplemented by a Recommendation. 48. The Government member of Ethiopia aligned himself with the statement made by the Government member of Uganda on behalf of the Africa group. He stated that existing international instruments and sometimes domestic legislation did not specifically address violence and harassment in the world of work. Due to cultural differences between the member States, there was a lack of clarity and consensus on the definition and scope of violence and harassment, and he expressed his hope that the new instrument would provide guidance in this area. He expressed his support for a Convention supplemented by a Recommendation. 49. The Government member of Switzerland supported one or more standards on violence and harassment in the world of work, referring to the need for integrated and international leadership. The persistence of violence was unacceptable and fundamentally concerned the promotion of social justice and rights at work, for which the tripartite constituents were responsible. Gender-based realities should be integrated into all themes, including work, and increased protection was necessary as a result of increasing female labour market participation. Gender equality was a precondition for sustainable development and inclusive growth and, since 2013, had been a cross-cutting element for all Swiss economic development projects. The standard-setting discussion was timely in light of the future of work, and increased risk of violence and harassment due to the use of technologies. Adoption of an instrument at the ILO centenary Conference in 2019 would demonstrate the continued importance of international labour standards and of the ILO itself. He encouraged all actors to engage constructively in the elaboration of a new standard. 50. The Government member of the Republic of Korea observed that discussions to set standards to eradicate violence and harassment in the world of work were timely and meaningful. Such violence in various sectors was one of the most pressing social issues in the Republic of Korea: a survey in 2017 had found that some 70 per cent of respondents had suffered workplace violence or harassment, and about 20 per cent had suffered repetitive violence and harassment at work; such incidents undermined profitability. While laws were in place to prevent workplace violence, such as physical assault and sexual harassment, remedies were lacking for verbal and personal harassment. Earlier that year, an expert study had been conducted by the Ministry of Employment and Labour to support the Prime Minister s 10 ILC107-PR8B(Rev.)-RELME En.docx

12 efforts to establish a government-wide comprehensive policy on workplace violence and harassment. After considering the #MeToo movement, which had been very active in the country, she expressed support for a Convention supplemented by a Recommendation. Flexibility in some of the articles could help take into account each member State s laws and systems, to ensure wide ratification. 51. The Government member of Senegal stated that her country aligned itself with the statement made by the Government member of Uganda on behalf of the Africa group. Workplace violence and harassment were sensitive and complex issues of great concern to actors in the world of work, and all individuals should enjoy a violence-free environment. She recalled that Senegal had ratified all the ILO fundamental Conventions; the Convention on the Elimination of All Forms of Discrimination against Women; the African Charter on Human and People s Rights; and the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa. She also recalled article 319bis of the Senegalese penal code, which recognized as offences psychological or moral violence and sexual harassment by a person in a position of authority. Despite such political will and the actions undertaken, violence and harassment remained a reality. In supporting the adoption of a standard on violence, she highlighted the importance of adopting an instrument that would allow each member State and social partners the possibility of identifying appropriate means of fighting violence and harassment at work. 52. The Government member of Argentina welcomed the decision to adopt a new international instrument to eliminate violence in the world of work, recalling that her country s Congress had adopted Ley No de protección integral para prevenir, sancionar y erradicar la violencia contra las mujeres en los ámbitos en que desarrollen sus relaciones interpersonales, which included in its definition economic and patrimonial violence. Vertical and horizontal occupational segregation were prime factors that put women at risk of violence and harassment. Moreover, eradication of violence was closely linked to social justice; the higher the rate of social inequality, the higher the rates of violence. Finally, marking the occasion of the third anniversary of the Ni Una Menos campaign of Argentina, which, as other feminist movements in the world, had achieved important advances in women s rights, she emphasized the importance of tripartite social dialogue in concluding collective agreements, which served to protect the weaker party in a relationship, in this case women, women workers and LGBTI persons, which were those most in need of protection. 53. The Government member of Nepal noted that violence or threats of harassment whether physical, psychological, sexual or gender-based were always demeaning to human dignity, threatened workers and damaged productivity. Women suffered more from discrimination in traditionally male-dominated jobs, and workers in the informal economy, migrants, those in precarious situations and public officials were subjected to more discrimination and harassment. Recalling that his country had adopted a zero-tolerance policy towards sexual harassment, he expressed his support for the development of a new ILO instrument in order to bridge gaps in legal protection with regard to violence and harassment, and to protect fundamental principles and rights at work. 54. The Government member of Japan noted that violence and harassment in the world of work unfairly damaged workers personal dignity, affected order and performance, and should never be tolerated. He therefore supported the establishment of a new standard on violence and harassment in the world of work. Japan s Equal Employment Opportunity Law obliged businesses to take necessary actions against sexual harassment, and harassment of pregnant women and new mothers, and there had been recent domestic discussions with the social partners to seek better approaches. A new international standard should aim to reduce incidents of violence and harassment in the world of work, while remaining sufficiently flexible so as to be implemented in each country context and thus leave no country behind. ILC107-PR8B(Rev.)-RELME En.docx 11

13 55. The representative of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) supported the call for an instrument in the form of a Convention and a Recommendation, and applauded the fact that Report V(2) acknowledged genderbased violence, intersectionality, and that all workers regardless of work status or contract type should be protected and empowered. 56. The representative of the Inter-Parliamentary Union (IPU) explained first that her organization s objective was to protect and build global democracy, and achieve gender equality in and through parliaments. Referring to global estimates her organization had published in 2016, she stated that 81 per cent of female parliamentarians experienced psychological violence, while 20 per cent experienced sexual harassment and 25 per cent experienced physical violence. She called for a Convention and a Recommendation to end any form of violence and expressed the hope to cooperate with the ILO towards this end, recalling that parliaments were workplaces as well as key stakeholders in implementing international standards. 57. The representative of the International Transport Workers Federation (ITF) emphasized that gender was a key consideration that should be reflected throughout the language of the text, citing the ILO Transport Policy Brief 2013, which noted that violence against transport workers is one of the most important factors limiting the attraction of transport jobs for women and breaking the retention of those who are employed in the transport sector. The outcomes of the discussions should not enable the exclusion of women from employment as a solution that was of particular concern in male-dominated industries where women were already under-represented in decent work, while being over-represented in informal and precarious work. The Committee s discussion would have a direct impact on the collective ability to deliver on UN SDG 5 to achieve gender equality and empower all women and girls. Perpetrators needed to be incorporated into the prevention and response language, as the cost and impact of violence at work was often wrongly and largely associated with employing women. She called for safe access to toilets at work as a key preventive measure, the identification of reasonable alternative tasks during pregnancy and the need to address inter-jurisdictional complexities for those workers whose workplaces crossed borders. Freedom of association and collective bargaining for all workers, including workers in the informal economy, was necessary for a Convention to be realized at workplace level. 58. The representative of the International Young Christian Workers, referring to its work in Nicaragua s textile industry, noted the large number of reports of harassment at work, as well as during the commute to and from work. She noted the prevalence of psychological harassment, including threats, insults, sexual advances and lack of freedom to use the toilet, and cited the importance of understanding its effects on an individual and on business efficiency. A strong Convention was needed to support the elimination of sexual exploitation and to guarantee safe and decent working conditions. Workers in the informal economy, domestic workers, migrant workers and youth were particularly vulnerable, and these groups were insufficiently represented in trade unions. She thus encouraged the inclusion of certain provisions from the Domestic Workers Convention, 2011 (No. 189), regarding voice and representation into the text of the proposed instruments. Promotion of social protection, improved measures against social discrimination and the adequate protection of people with disabilities would also help them confront violence and harassment. More data would help shed light on the importance of the topic. 59. The representative of Women in Informal Employment: Globalizing and Organizing (WIEGO), a member of HomeNet Thailand that represented some 80,000 home-based workers, noted that home-based workers were a hidden workforce that made a significant but unrecognized contribution to the global economy. Many home-based workers were subcontracted and worked at the bottom of value chains, and experienced the economic violence of receiving low wages, and their sub-contractors reducing or withholding 12 ILC107-PR8B(Rev.)-RELME En.docx

14 payments. Isolation at their workplace their own homes also left them vulnerable to violence. Self-employed home-based workers faced violence when selling their products on the market, where, working as street vendors, they were denied access to public spaces, and experienced harassment, confiscation of their goods and evictions by public authorities. Selfemployed workers, like other workers in the informal economy, were particularly vulnerable to violence, as they were often excluded from labour protection, occupational safety and health and non-discrimination laws that often only applied to workers in an employment relationship. She called for a Convention supported by a Recommendation that included provisions to protect all workers, including workers in the informal economy. 60. The representative of the International Domestic Workers Federation (IDWF) highlighted that domestic workers worked behind closed doors and high walls, a type of isolation that placed them at risk of daily abuse. Domestic workers had nowhere to run, lacked access to support, protection and their rights and often had no identity. A strong Convention and Recommendation would give domestic workers hope and a voice, and would supplement the rights and freedom they had gained through the adoption of the Domestic Workers Convention, 2011 (No. 189). 61. The representative of the International Catholic Migration Commission (ICMC) stated that the elimination of violence and harassment in the workplace and gender-based discrimination was the shared responsibility of governments, employers, workers and civil society. She supported the adoption of a Convention supplemented by a Recommendation, with both of them including a strong gender dimension. Women workers, particularly women migrant workers in the informal economy, should be placed at the centre of sustainable development policies and should be the first concern in the debate on violence and harassment in the world of work. The responsibility of the business sector in global value chains should be addressed during the discussion, as companies had a particular responsibility to eliminate violence and harassment in the workplace. 62. The representative of StreetNet International, an organization representing street vendors, informal market vendors, hawkers and cross-border traders in Africa, the Americas, Asia and Eastern Europe, recounted the daily evictions, violence and harassment perpetrated by local government authorities. Informal economy workers were the majority of workers in the Global South, yet were highly vulnerable to violence and harassment due to their employment status and the lack of regulation or protection afforded to them. A Convention supplemented by a Recommendation would be a historic achievement for the ILO, but needed to include provisions to protect all workers including in the formal and informal economy to reduce the discrimination they face. 63. The representative of the Public Service International (PSI) noted that, while violence and harassment affect workers across sectors represented by the trade union federations, some were particularly affected. For example, among the 10 million workers in sectors represented by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Association (IUF), hotel and agricultural workers were particularly affected by violence and harassment at work. With respect to public services, she stressed the importance of recognizing that States were also employers and that the proposed instrument should therefore include public sector employers. Of the 20 million public sector workers, she highlighted workers in the health sector who faced violence at work not only as a result of work intensity, but also at the hands of third parties such as patients or relatives. In the justice, taxation and public oversight sectors, violence at work may stem from workers interaction with the public, especially in dealing with sensitive matters such as issuing sanctions and fines, conducting inspections, prosecutions and taxation. It was important that the instrument stressed the significance of freedom of association and collective bargaining, and that it made reference to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining ILC107-PR8B(Rev.)-RELME En.docx 13